Delivered by the Hon. Mr. Justice M.L. Lehohla on the
12th day of June, 1989.

The invaluable sets of heads of arguments filed by
respective counsel shall be treated as if incorporated in this
decision. There
is a back log of Criminal appeals hence for purposes
of conserving time and averting delay it is imperative to anchor
attention on
the gravamen of the matter.

Regard being had to the fact that it was dark at the
material time of the shooting, and also that the appellant's evidence
was not
challenged that when he fired his shot gun he was
apprehensive of the sword or even stick raised at him in a striking
position from
a short distance by one among many others bent on
attacking him even though the appellant's story is interspersed with
lies, it becomes
doubtful whether his version of events at the
relevant time could not be said to be reasonably possibly true. Mr.
Ramodibedi has reminded the Crown not to adopt the posture of
an arm-chair critic in considering the question of self defence
raised. I think
this is a word in season.

In that event then appellant is given benefit of doubt
and the appeal accordingly upheld.